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GOODROCK TERMS OF SERVICE

GOODROCK TERMS OF SERVICE

1.  Introduction
Welcome to Goodrock, an online retail store specializing in music and pop culture merchandise.  Please read these Terms of Service and our Privacy Policy carefully, because by using our Site or Service, or placing an order with us, you agree to be bound by these documents just as you would any other legal contract.

2.  Business Information
Goodrock is a sole proprietorship with its place of business being located in the State of Kentucky.  Unless otherwise required or permitted by this Agreement, our Privacy Policy, any other legal agreement, or any provision of applicable law, all legal inquiries and documents to be served should be sent by certified mail to:

Goodrock
P.O. Box 303
Prospect, Kentucky 40059
United States of America


3.  Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” means these Terms of Service;

“Goodrock” refers to our business, known by the same name; our Site, located at www.goodrock.com; or our Service, which is the online retail store also known as “Goodrock” and made available at our Site; or a combination of all or some of the previous three terms, depending on the context in which the word is used;

“Service” refers to the services that we provide through our Site, including our online retail store services, and our Site itself;

“Site” refers to our website, www.goodrock.com;

“User” refers to anybody who registers for an account with Goodrock, purchases anything from Goodrock, or is a general visitor to our Site;

“You” refers to you, the person who is entering into this Agreement with Goodrock.


4.  What Goodrock Is

Goodrock is an online retail and mail order store that specializes in the sale of band shirts, stickers, posters, merchandise and other assorted pop culture merchandise.  Our business caters mainly to fans of music and popular culture.

5.  Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Goodrock, and yourself.  For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • To place an order or use our Site or Service in general, you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than the age of contractual capacity in the State of Kentucky, which is 18 years age.
  • You must place orders only on behalf of yourself, since third parties cannot be made privy to any contracts and Goodrock requires that its customers agree to this Agreement and our other legal documents.
  • You must provide us with personal information, billing information, and other information that we deem necessary to provide you with our Service.

6.  Disclaimer

Although Goodrock strives to deliver orders according to the terms on our Site, it may sometimes be necessary to delay or cancel an order, or third party issues beyond our control (such as shipping or supplier issues) may prevent us from delivering an order on time or at all.  You agree that our Service is provided without warranty, and that we are not responsible for any losses, financial or otherwise, which may occur as the result of a delayed or undelivered order.

7.  Rules of Use
In addition to our eligibility criteria, we have additional rules for the use of our Service.  You must not:
  • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Goodrock or its delegates.
  • Make purchase orders you have no intention of fulfilling.
  • Be fraudulent or negligent in your representations to us.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Goodrock Site, Service, or its Users’ computers.
  • Do anything else which could harm Goodrock’s business or any third party, or bring Goodrock into disrepute.

8.  Payment

Payments for products sold by Goodrock may be made by credit card, PayPal, Google Checkout, cash, check, money order, or Amazon Payments.  Depending on your location and whether Goodrock in decides to permit a payment method in general, all or some of the foregoing payment methods may not be available for you to use.  Unless otherwise stated, all prices must be listed in United States dollars.

9.  Shipping
Items are shipped using the United States Postal Service.  If you are in the United States, a free shipping option may be available to you.  Please note that any customs fees, tariffs, taxes, or other charges assessable to you by a government if you are located outside of the United States are your own responsibility.  Likewise, if you are located within another state within the United States, you are responsible for declaring any purchases, where required, to your local revenue agency for the assessment of “use” or “sales” taxes.

You agree that we are not responsible for any unforeseen delays caused by the postal service, including but not limited to delays or lost mail, and postal strikes.  Our shipping rates are located at http://www.goodrock.com/t-shipping.aspx and are hereby incorporated into this Agreement by reference.

10.  Discounts
Goodrock may, but is not obligated to, provide discounts to Users via our Site, e-mail list, blog, Twitter feed, Facebook page, Google+ page, or such other venue as we may deem appropriate.  Such discounts will be subject to any terms and expiration dates that we may choose to apply to them.
Goodrock may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

11.  Returns
A User may exchange or return a purchased product within 365 days (1 year) of receipt of that product if the product has not been worn or washed and is in resalable, as-new condition.  Examples of a product which is not resalable include, but are not limited to, a product which is stained or torn, or which has been subject to smoke, perfume, sweat, or other odors, or animal hair of any kind.

Shipping fees are non-refundable.  We will issue a return payment for the retail price you paid using the same method of payment used to purchase the returned goods (e.g. credit card payments will be refunded to the credit card account, rather than issuing a check).

Goodrock will process your return as soon as possible when it is picked up.  Please allow 2-5 business days for Visa, Mastercard, and other cards to issue our credit to your account.

Returns must meet the guidelines above or we will not allow the return.  Notwithstanding the above provisions, if your order return is older than 90 days old, we will have to issue your refund via regular mail or via PayPal.  We will contact you with your options if this is the case.

12.  Chargebacks, PayPal Disputes, and Non-Sufficient Funds Checks
You agree that if you pay for goods and subsequently conduct a chargeback, PayPal dispute, or cancel the check (or there are non-sufficient funds in the bank account to honor the relevant check), Goodrock will be entitled to recover the relevant amount from you, as well as any non-sufficient funds fees, and its reasonable attorney and/or collection agency fees, as well as court costs and disbursements, all of which shall be considered liquidated damages.

13.  Our Copyright
Our copyright is important to us.  Both our designs and our marketing content help to make Goodrock unique, both to customers and to search engines.  You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

14.  Your Copyright
Goodrock has Twitter and Facebook accounts, as well as a blog and other media, where Users may upload comments and possibly other content.  As a result, Goodrock must be assured that it has the right to use the content that is posted to its Site or third parties (such as Twitter and Facebook) by its Users.  Such content may include, but is not limited to, photographs, videos, text, audio, and other materials.  Whenever submitting content to our Site or a third party Site on an account controlled by Goodrock (such as our Facebook page), you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us.  You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

15.  Trademarks
“Goodrock” is a service mark used by us, Goodrock, to uniquely identify our Site, Service, and business, and our service mark is registered with the United States Patent and Trademark Office under Registration Number 2889169.  You agree not to use this mark anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own clothing business or any other direct or indirect competitor to Goodrock.

16.  Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time.  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

17.  Copyright & Trademark Infringement
Users must not post any content, whether to our Site or a third party Site where Goodrock has an account, that infringes on anyone’s copyright.  We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.  If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at help@goodrock.com.

Since we prefer a notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

18.  Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our website.  Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User.  Please notify us at help@goodrock.com if any of our Users have posted anything that you believe is defamatory and we may, if we believe it is warranted, remove the content or take other action against that User.  We do not, however, waive any right to refuse to act as permitted under the Communications Decency Act or any other provision of law, and whether to remove such content shall be determined on a case-by-case basis.

19.  Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.


IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

20.  Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

21.  Choice of Law
This Agreement shall be governed by the laws in force in the State of Kentucky.  The offer and acceptance of this contract are deemed to have occurred in the State of Kentucky.

22.  Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Kentucky.  Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction having the authority to hear civil matters (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

23.  Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

24.  Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Goodrock shall have the sole right to elect which provision remains in force.

25.  Non-Waiver
Goodrock reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

26.  Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you, and cancel any orders you have made, at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
27.  Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
28.  Amendments
We may amend this Agreement from time to time.  When we amend this Agreement, we will post the changes on this page.  You must read this page each time you visit our Site or use our Service.  If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at help@goodrock.com so that we may disable your account.

29.  California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Goodrock must be addressed to our agent for notice and sent via certified mail to:  Goodrock, P.O. Box 303, Prospect, Kentucky, 40059, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified:  February 28, 2013